Car Accidents

CONFESSIONS OF AN INSURANCE DEFENSE TRIAL ATTORNEY

December 16, 2015 | Wolfson & Leon

“Know your enemy and know yourself and you can fight a hundred battles without disaster.” Sun Tzu

We represent people who were injured or killed due to the negligence of another person or company. Often times, fighting for justice involves going to trial. That is why it is important to know how to represent injured people, but to also know thy enemy – the defense attorney. That is why we bring to you the “Confessions of an Insurance Defense Trial Attorney”. The following actually took place in a South Florida courtroom and provides a unique insight into the mind of a defense attorney who chooses to remain anonymous.

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The first trial witness was the plaintiff’s treating physician. He was a young orthopedic surgeon who was educated at Harvard and never missed an opportunity to let everyone know. His self-confidence knew no bounds. It wasn’t hard to imagine his mom always telling him, since birth, that he was the smartest and the best. Although he was about six feet tall, he looked like he never missed a meal and as a result, he couldn’t button his white lab coat if he wanted to.

DOES THE DEFENDANT HAVE INSURANCE?

December 16, 2015 | Wolfson & Leon

In a Miami-Dade jury trial, the jury will very likely want to know the answer to the following question: “Does this defendant have insurance and if so, how much?” The answer is that most defendants in personal injury trials have insurance. But that will never be disclosed in trial because of Florida law. Now, is that entirely fair? We don’t think so. And the law used to be different. But it changed as we discuss below.

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In products liability cases, defendants usually include retailers and manufacturers. Those defendants usually have insurance. In medical malpractice cases, the defendant doctors and hospital either have insurance or are self-insured. In premises liability cases, the defendant property owner is almost always have some type of insurance. But the law does not allow for the insurance company to be mentioned in trial.

There is an even more practical reason why it is safe to assume that the defendant in a personal injury trial has insurance. Personal injury attorneys work on a contingency fee meaning they do not get paid a fee unless their client recovers. There can be no recovery unless the defendant has insurance or assets. Most people do not have assets and those who do often hide or transfer those assets so that they are “judgment proof” in the event the jury decides against them. So as a practical matter, it is safe to assume that an overwhelming number of defendants in personal injury trials do in fact have insurance.

YOUR PERSONAL INJURY LAWYER DISCUSSES THE DUI INJURIES IN MIAMI

December 16, 2015 | Wolfson & Leon

The “DUI Season” starts the day before Thanksgiving and ends after New Year’s weekend. Unfortunately, good people get injured and even killed by individuals who drive while impaired by drugs and/or alcohol. If you are injured by a DUI driver, your personal injury lawyer has some facts you should know.

Thanksgiving Eve is known as “Black Wednesday” and is one of the busiest bar nights of the entire year. It even rivals St. Patrick’s Day and New Year’s Eve. It is also one of the single busiest nights for DUI related injuries and wrongful deaths. Thanksgiving weekend is the busiest travel period of the year and a majority of people travel by car. Driving Under the Influence is not solely restricted to alcohol but includes legal and illegal drugs. The National Highway Traffic Safety Administration estimated that in 2012 more than 10,000 people died in impaired driving crashes. That averages out to one death every 51 minutes.

Florida has Zero Tolerance for drivers under 21 who drive impaired. This means that any driver under 21 who has a blood alcohol level of .02 or higher will automatically have their driver’s license suspended for 6 months. The .02 limit is in place so that drivers under the legal drinking age cannot have a single drink and drive. And that’s the idea. The legal limit for drivers over the age of 21 is .08. Florida penalties for first conviction of DUI include:

Personal Injury Claims for Immigrants: What You Need to Know If You’ve Been Injured in Miami

December 3, 2015 | Wolfson & Leon

If you’ve been injured in Miami and you are an immigrant, your rights, responsibilities, and protections may be different than those afforded to citizens. While most people who have been injured seek recovery through personal injury claims, immigrants may have many factors to consider before they make the decision to pursue a lawsuit.

According to the Legal Intelligencer as many as 8 million illegal immigrants may be part of the labor force. These individuals often perform hard labor in dangerous industries, including agriculture, manufacturing, and construction. Because many workers in these industries fear deportation, they may not seek legal remedies when they are injured on the job. Immigrants who have been injured while driving also face similar challenges as they may fear taking their case to the civil court system. After all, what happens if they are asked about their legal status during a trial? Could they face deportation?

The issue is somewhat complex. In many cases, individuals who face deportation may be able to apply for parole or a stay of removal using recently-passed immigration protections. However, not all people qualify for these protections. Personal injury lawyers in Miami who are handling these individuals’ cases may sometimes refer these clients to immigration lawyers to ensure that they are protected. Attorney client confidentiality protects individuals who inform their attorney about their immigration status. Questions about immigrations status are best answered by immigration and naturalization attorneys. So, individuals who have suffered a personal injury either on the job or while driving may be wise to speak first to an immigration lawyer before they speak to a personal injury lawyer about receiving compensation for their injuries.

YOUR PERSONAL INJURY LAWYER DISCUSSES BUS ACCIDENTS

November 23, 2015 | Wolfson & Leon

Many South Floridians rely on buses and public transportation on a daily basis. But how safe is it for you and your family? What happens if you get injured because of the negligence of a bus driver?

Broward County paid over $6.5 million dollars to settle claims caused by bus drivers from 2008 to 2013. There have been a number of news articles on the safety records of bus drivers in Miami and Broward County. The Sun Sentinel published an expose called “Bad bus drivers stay behind wheel despite many accidents – LENIENT POLICIES AND SLOPPY ENFORCEMENT AT BROWARD COUNTY TRANSIT TO BLAME”. With more than 4,500 bus stops and 125,000 daily passengers, Broward County Transit drivers deal with everything from crime to accidents. There is even a database with the incident and accident reports filed with Broward County Transit. The Miami Herald regularly reports on bus accidents causing injuries and sometimes fatalities.

If you or a loved one are injured on a bus it is important to seek the advice of a personal injury attorney. The attorney can first investigate whether the bus was privately or publically owned. This will make a big difference on how your claim moves forward. If it is a public bus, like Broward Transit or Miami-Dade Transit, then your personal injury attorney will send a formal notice as required by law. This notice will begin a six month waiting period while the public agency investigates your claim. If your claim is not resolved in those six months, then you can file a lawsuit. If you do not send the notice, your case can be dismissed until you comply with the statutory notice requirement.

ACCIDENT WITH AN UBER DRIVER: WHAT DO I DO?

November 2, 2015 | Wolfson & Leon

What can an Uber passenger do if they are injured in a car accident? The answer is not nearly as easy as getting an Uber ride.

First thing you should do if you are in an accident with an Uber or Lyft driver in Miami is call an attorney. Why? Because the insurance questions for Uber and Lyft remain unanswered. In fact, a lawsuit was filed by taxi companies against the Florida Department of Highway Safety and Motor Vehicles (FDHSMV) to force the state to answer questions about the minimum insurance requirements for Transportation Network Companies (TCNs). In a Sept. 17 order, Judge George S. Reynolds III of the Second Judicial Circuit Court for Leon County said the state agency must respond within 40 days to a complaint filed by two Florida taxi companies.

In short, most TCNs have one million dollars in coverage while the driver is connected to the app. But that coverage only applies after the driver’s personal auto insurance is used. The problem is most personal auto insurance exclude coverage for accidents that occur when their policyholder are “driving for profit”. It will take an experienced attorney to find the correct source for compensation of your medical expenses, loss of income and injuries.

MOTORCYCLE ACCIDENTS – LOOK TWICE SAVE A LIFE

October 29, 2015 | Wolfson & Leon

Two motorcyclists were killed in a crash last night in the Florida Keys. The accident involved a vehicle and a motorcycle and resulted in a fatal left turn collision. This unfortunate tragedy further emphasizes the need for awareness of the “Look Twice Save a Life” campaign.

The last four words any driver should ever say are “I never saw him”. Rider Smart Florida, a safety organization, provides top ten list of what all car and truck drivers should know about motorcycles:

1	More than 50% of all motorcycle crash fatalities involve a car. A majority of the time, the vehicle driver , not the motorcyclist, is at fault. There are more vehicles and trucks than motorcycles, and some motorists don’t cognitively notice a motorcycle and they “ignore” it (usually unintentionally).
2	A cycle, because it is small, can be unseen in the blind spot of a vehicle or covered by the background or objects outside of a car (fences, bushes, bridges, etc). Take an extra minute to look for motorcyclists, whether you’re turning at intersections, changing lanes or backing up.
3	A motorcycle can look farther away than it actually is. It can also be difficult to determine a motorcyclist’s speed. When looking to make a turn in an intersection or out of (or into) a driveway, assume a motorcyclist is closer than it appears.
4	Motorcyclists will often slow down by rolling off the throttle or downshifting, and by doing this the brake light is not activated. Try to allow for more stopping distance, even 3 or 4 seconds. At intersections, assume a motorcycle will slow down without any visual warning.
5	Motorcyclists often change lane position to minimize the effects of wind, passing vehicles, and road debris as well as to be seen by drivers more easily. Try to keep that in mind and to understand that motorcycles change their lane position for a reason, not to be careless or to show off or even to let you to share the lane.
6	A motorcycle’s turn signals are generally not self-canceling. Therefore some motorcyclists (beginners in particular) will forget to turn the the signal off after a lane change or a turn. It is best to be certain as possible that a motorcyclist’s signal is for real.
7	One of a motorcyclist’s better values is maneuverability. This is particularly true at lower speeds and in good road conditions. However don’t expect a motorcycle to always be able to get avoid any danger.
8	Stopping distance for motorcyclists is about the same as it is for cars. But slippery or wet pavement makes stopping fast very difficult for everyone. We should all allow more following distance behind a motorcyclist because it is impossible to always stop suddenly.
9	Look at the motorcyclist and see the guy or girl under the helmet – it could be your relative, neighbor, or friend.
10	Keep in mind, when a driver crashes into a motorcycle, bicycle, or pedestrian and causes death or serious physical injury, that driver will likely never forgive themselves.

If you or a loved one were injured or killed in a motorcycle crash, you should seek the assistance of a motorcycle accident lawyer. Wolfson & Leon is a Miami personal injury law firm located in Miami, Florida. The trial attorneys at Wolfson & Leon offer assistance to all motorcycle and car accident victims in Miami, Florida. If you are suffering from injuries sustained in a bicycle, car or motorcycle accident, call Wolfson & Leon. If you do not recover, you pay no attorneys’ fees. Schedule a free initial consultation today by calling us at 305-285-1115.

Car Accident Lawyer Gets $11.5 Million for Miami-Dade Drag Racing Victim

October 16, 2015 | Wolfson & Leon

Two Miami-Dade women suffered serious injuries in an alleged drag racing accident. According to the Daily Business Review, their auto accident attorney was able to secure them an $11.5 million award in damages. Both women suffered collapsed lungs, among other injuries, including broken ribs and fractures. The drag-racing driver had been speeding through a residential neighborhood.

Drag racing has been glamorized in films and in the media, but the practice is incredibly dangerous—not only to the drivers who participate in this high-risk activity, but also to other drivers and pedestrians who happen to be on the road. Miami recently found itself in the national media spotlight when Justin Bieber was arrested for drag racing. Despite having to pay heavy fines and take courses, Bieber faced no jail time.

Miami is not the only place where drag racing has taken its toll on lives and families. ABC News reports of a deadly drag racing accident that killed five spectators in Maryland.

In Florida, You Can Recover Damages Even if You Are 99% at Fault for an Accident

October 6, 2015 | Wolfson & Leon

Imagine this: you’re involved in a serious car accident. Let’s further say that following the accident you were found to be largely at fault. Despite this, you face serious medical expenses, sustained injuries that will result in missed time at work, and are facing a lengthy recovery period.

Can you seek damages for your pain and suffering, medical expenses, and lost wages?

The answer is yes. Florida uses the Pure Comparative Fault rule when determining negligence and damages following a car accident.

What to Do if a Car Hits Your Home in Miami, Florida

October 6, 2015 | Wolfson & Leon

In June alone, there have been several reports of cars crashing into homes. CBS Miami reported that a car crashed into a North Miami home. While no injuries were sustained as a result of the accident, the news reports failed to mention the extent of property damage the accident caused.

In another accident, a driver drove into a supermarket, panicked, pushed on the accelerator, crashed into two cars on Northeast 6^th avenue, then crashed the car into an apartment. CBS News reports that the driver thought she was hitting the brake when she was in fact pushing down on the accelerator. The Toyota Corolla drove through a glass window, striking a 29 year old employee who sustained injuries to her side and to her head. The woman who lived in the apartment told CBS News that she would be dead if she had been in her apartment at the time of the accident.

While car-building collisions are rare, the recent rash of these kinds of accidents is a sober reminder that when these accidents take place, innocent victims suffer injuries and property damage.